The  Principles Underlying the U.S. Form of Government

In my January 1967 application for admission to the Bar of the State of New York, I provided the following statement on what I believed were the principles underlying the form of the government of the United States.

My Statement

Underlying the form of the government of the United States is, in my opinion, the view that government is a necessary evil to ensure that individuals can exist together in a society. Thus, the government is in theory created by the people only for limited purposes, and limitations are placed upon governmental authority in order to preserve unfettered individualistic determination where governmental power is not needed for societal living.

One means of effectuating the desire for limited government is by having a government by laws, not by men. Under this principle of American government, the actions of those in positions of governmental authority are not acts of complete discretion, but are actions which accord with some general rule, whether it be a constitutional rule or statutory or common law rules which are created pursuant to constitutional rules. Thus, a governmental act to be proper must be justified by reference to a general rule.

Another means of effectuating the desire for limited government is by adherence to the principle of separation of powers. The Constitutions of the united States and of New York, while specifically denying certain powers to the governments, create governments of certain enumerated powers which are entrusted to different institutions or organs of the government. The principle of separation of powers is based upon the assumption that limitations on governmental authority will be more difficult to circumvent where there are checks and balances within the government  than where authority is lodged in a single person or organ. The federal system of distributing power among a central government and provincial governments rests, in part, upon the same assumption.

The popular election of legislators and chief executives of government and the principle of majority rule ensures that the government is responsive to the needs of the people and, so long as the majority of the people desire limited government, is another means of effectuating that desire. The constitutional rules are barriers to the transitory majority’s overthrowing the basic commitment to limited government.

The principle of judicial review of the constitutionality of statutes and other government actions is yet another way in which the American government implements the principle of limited government. Allowing a person to challenge the legitimacy of a statue or other government action where its application would have a harmful effect on him means that citizens and lawyers as well as persons in positions of governmental authority are constantly engaged in the process of determining whether the American commitment to limited government us being honored in particular circumstances.

Government is deemed necessary because man is basically selfish and aggressive. Conflicts between men and between man’s institutions are an inevitable result of man’s selfish and aggressive nature. The courts in the American system provide a means whereby these conflicts may be resolved peacefully and in accordance with rules which are designed to advance the common good and promote justice. It is to assist in this task that I wish to become a lawyer.

Conclusion

I was admitted to the bar of the State of New York in 1967 and then in 1970 to the bar of the State of Minnesota. I still affirm the preceding Statement.

Reactions to Louise Erdrich’s Novel, “The Night Watchman”

After a rave review of Louise Erdrich’s new novel “The Night Watchman,” from Luis Alberto Urrea,[1] I was interested in learning more about federal efforts in the 1950s to terminate the legal status of Indians and, therefore, bought and started reading the book.[2]

Immediately, however, I had difficulty. The Table of Contents has a list of  over 100 unnumbered separate sections or scenes, not called chapters, with cursory titles whose significance or meaning becomes clear only after you had read the “chapters.” Moreover, these sections or “chapters” were not  placed into separate titled groups to help the reader. Over the entire list is a heading “September 1953” although it becomes apparent that not everything in all of those sections happens that month. In addition, the Reading Guide by the publisher was not very helpful, in my opinion.

Another difficulty was the large number of characters, many of whom are referred to by their Indian names sometimes and by other names on other occasions. And there is no separate listing of the characters with their different names and relationships with one another that would have helped the reader.

Reading some of the first “chapters” revealed that they are mostly about different facets of life on the reservation of the Turtle Mountain Band of Chippewa in North Dakota. This prompted the thought that Erdrich should have broken this book into two books; the first containing these stories and the second the battle over the legislation in Congress in 1953-54. As these reflections suggest, I was interested in the latter, not the former although the previously mentioned Urrea review emphasized the former.

Rather than giving up on the book, however, I re-read Erdrich’s explanations of the book in the “Author’s Note” at the beginning and the “Afterword and Acknowledgements” at the end. I then did some basic research about the federal efforts in 1953-54 to change the legal status of Indian tribes. Next I returned  to the chapter about the congressional hearing about the Concurrent Resolution (# 83 “Termination of Federal Contracts & Promises with Indian Tribes”) and working backwards scanned the previous “chapters” to see whether and how, if at all, this congressional effort had been discussed. I was amazed to discover that there were many such references, often cryptic, usually involving the Night Watchman (Thomas), all the way back to the fourth “chapter”  (“The Watcher”).

This analysis made me remember that in 1953-54 there were no internet and 24-7 television news programs and think that one of the stories the novel apparently was telling was that even though Congress adopted the Resolution on August 1, 1953, it was not until  the next month (September 1953) that limited information about the Resolution was only gradually discovered by the Night Watchman and eventually prompting him and a committee of the Turtle Mountain Band to organize and mount a (successful) campaign against the applicability of the Resolution to their Band. In the meantime, other members of that Band were engaging in normal events in their lives and implicitly demonstrating the Band was not ready for such termination. However, I confess that I was not interested in these tales.

Here then is my examination of Erdrich’s explanations of the novel, my basic research about the termination issue and the references to that issue in the earlier “chapters” of the book, all causing my re-evaluation of the book.

Erdrich’s Explanation of the Novel

Erdrich’s beginning “Author’s Note” tells us that on August 1,1953, the U.S. Congress “announced ” [adopted] House Concurrent Resolution 108, which would “abrogate nation-to-nation treaties, which had been made with American Indian Nations for ‘as long as the grass grows and the rivers flow,’” for “the eventual termination of all tribes, and the immediate termination of five tribes, including the Turtle Mountain Band of Chippewa.” That Band  then was chaired by Erdrich’s grandfather Patrick Gourneau (the night watchman, Thomas Wazhashk, in the novel), who led the Band’s opposition to such termination. The only other parts of the novel that are factual, Erdrich says, are the Turtle Mountain Jewel Bearing Plant and U.S. Senator Arthur V. Watkins, who was a “relentless pursuer of Native dispossession and the man who interrogated my grandfather.”

Erdrich’s “Afterword and Acknowledgments” says that the mid-1950s were “a time when Jim Crow reigned and American Indians were at the nadir of power—our traditional religions outlawed, our land base continually and illegally seized (even as now) by resource extraction companies, our languages weakened by government boarding schools.[3] Our officials were also answerable to assimilationist government officials: as an example, just look at the ‘advisory committee ‘ in my grandfather’s designation. He and his fellow tribal members had almost no authority. Their purpose was to advise the BIA [Bureau of Indian Affairs], but they seized any opportunity to represent their people. The 1950s were a time when the scraps of land and the rights guaranteed by treaty were easy pickings. With the postwar housing boom, the fabulous Klamath and Menominee forests were especially coveted. It is no coincidence that those tribes were among the first five slated for termination.”

Erdrich also informs the reader that she now possesses her grandfather’s letters from 1953-54 that are “packed with remarkable, funny, stereotype-breaking episodes of reservation life” and reveal a man “of deeply humane intelligence as well as a profoundly religious patriot and family man.” The letters also reveal his “anxieties” as chairman of the advisory committee and his understanding that the Concurrent Resolution was “a new front in the Indian Wars” and “about the worst thing for Indians to come down the pike.” Yet the Turtle Mountain Band “was the first to mount a fierce defense and prevail. They altered the trajectory of termination and challenged the juggernaut of the federal push to sever legal, sacred, and immutable promises made in nation-to-nation treaties.” (Emphasis added.)

“In all, 113 tribal nations suffered the disaster of termination; 1.4 million areas of tribal land was lost. Wealth flowed to private corporations, while many people in terminated tribes died early, in poverty. Not one tribe profited. By the end, 78 tribal nations, including the Menominee. . . regained federal recognition; 10 gained state but not federal recognition; 31 tribes are landless; 24 are considered extinct.” Senator Arthur V. Watkins was indeed a pompous racist.” Erdrich also refers to Ada Deer’s Making a Difference: My Fight for Native Rights and Social Justice (Univocal. Press 2019) as “great reading on this subject.”[4]

Although the Afterword says “the Turtle Mountain Band was the first to mount a fierce defense and prevail,” neither that Afterword nor the novel  itself says when and how the Band prevailed. After the last words of the novel’s last chapter, separated only by three dots, however, Erdrich as the author states, “The Turtle Mountain Band of Chippewa was not terminated.” But there were no specifics as to how or when it happened or the title or text of the bill or other measure that made it happen. This important fact, in my opinion, should have been included in the Afterword with more details. Even better, in my opinion, would have been a concluding chapter of the novel that discussed the victory and some kind of celebration by the Band.

“In 1970, Richard Nixon addressed Congress and called for an end to this policy. Five years later, a new era of self-determination for Native people began.”

Research About the Federal Effort To End Status of Indian Tribes[5]

I had not previously known about this congressional action and wanted to know more. Therefore, before reading the novel, I did some basic Internet research and came up with the following.

According to Wikipedia, “On 1 August 1953, the US Congress passed House Concurrent Resolution 108 which called for the immediate termination of the FlatheadKlamathMenomineePotawatomi, and Turtle Mountain Chippewa, as well as all tribes in the states of CaliforniaNew YorkFlorida, and Texas. Termination of a tribe meant the immediate withdrawal of all federal aid, services, and protection, as well as the end of reservations. Though termination legislation was introduced (Legislation 4. S. 2748, H.R. 7316. 83rd Congress), termination of Federal Supervision over Turtle Mountain Band of Chippewa Indians), was not implemented. In 1954, at the Congressional hearings for the Turtle Mountain Band of Chippewa Indians, tribal Chairman Patrick Gourneau and a delegation testified at a hearing that the tribe was not financially prepared, had high unemployment and poverty, suffered from low education levels, and termination would be devastating to the tribe. Based on their testimony, the Chippewa were dropped from the tribes to be terminated.” (Emphasis added.)

Wikipedia further states, This Resolution “declared it to be the sense of Congress that it should be policy of the United States to abolish federal supervision over American Indian tribes as soon as possible and to subject the Indians to the same laws, privileges, and responsibilities as other U.S. citizens. This includes an end to reservations and tribal sovereignty, integrating Native Americans into mainstream American society.”

Wikipedia also says, “The consequence of HCR-108 was the beginning of an era of termination policy, in which the federally recognized status of many Native American tribes was revoked, ending the government responsibility to tribe members and withdrawing legal protection to territory, culture, and religion.”

Finally, Wikipedia states, “HCR-108 was passed concurrently with Public Law 280, which granted state jurisdiction over civil and criminal offenses committed by or upon Native Americans in Indian Territory in the states of CaliforniaMinnesotaWisconsinOregon, and Nebraska, all of which have large Indigenous populations.” [6]

The New York Times, which is online searchable for 1953-54 (and earlier), revealed the following additional tidbits of information relevant to the novel: [7]

  • The “Bulova Watch Company and the Simpson Electric Company had jointly established a modern industrial plant at Rolla, N.D,.near the Turtle Mountain Reservation that successfully used the Indians’ “manual dexterity and adaptability” developed through beadwork to produce jewels for watches. However, Peru Farver, Superintendent of the Reservation, believes “every effort [should be] made to move as many Indians as possible toward the industrial centers, rather than attempt to bring industry to them.” Farver also “thinks too much money has been channeled into guardianship of these Indians who have a high percentage of white blood and . . . are well able to look out for themselves.” More help, he thought, should be provided to the estimated 250 older “full-blooded” Indians of the 4,500 members of the Turtle Mountain tribe. (Emphasis added.) (These statements by Farver, perhaps in a written report to the Congress, is not mentioned in the novel, but the reference to Indians with white blood suggests the basis for the questioning at the March 1, 1954 congressional hearing of the Turtle Mountain people about how much white blood they had, which is mentioned in the novel.)
  • In September 1953, at the direction of President Eisenhower, the Commissioner of Indian Affairs, Glenn L. Emmons, spent the following two months visiting 10 Indian tribes to obtain their views on the proposed termination and discovered that some bitterly opposed the proposal, some favored it and yet others were divided. (Presumably this included a visit to the Turtle Mountain Band, but there was no mention of this in the novel.)
  • On January 30, 1954, it was announced that joint sessions of the Senate and House Indian Affairs Subcommittees would  hold joint sessions during the last of February and the first half of March to consider 10 Administration bills to end federal administration  of roughly 66,000 Indians. The hearing about the bill concerning the Turtle Mountain Chippewas of North Dakota would be held on March 1. According to the Commissioner of Indian Affairs, Glenn L. Emmons, these bills “resulted from ‘a rising tide of sentiment that the Indians of the United States are entitled to exactly the same rights and privileges as the rest of us’ in general public opinion as well as in Congress.” Yet the Commissioner also said that it was “impossible to apply the same yardstick “ to all the tribes.
  • On March 25, 1954, the Association of American Indian Affairs warned that “ homeless poverty” was in store for thousands of American Indians if these bills were enacted. The bills “would destroy tribal governments and nullify rights assured by treaties” and are “ill-advised, untimely and off-target.” They are “no answer . . . to the poverty of the Turtle Mountain Chippewas of North Dakota.” (No mention of this was made in the novel.)
  • These charges were repeated at the Association’s annual meeting on May 5, 1954. Its president, Oliver LaFarge, said the tribes picked for “termination” included some of the most advanced and some of the most backward. “Even if the tribes concerned were ready for such deprivations, as most of them are not, the bills as drawn up are ill-conceived and objectionable. Commissioner Emmons, who was present, said that education, health and economic opportunity were his primary goals and was trying to persuade legislators “to set termination daters far enough in advance so the tribes would be ready to go on their own.” (No mention of this was made in the novel.)

Another source, “The History and Culture of the Turtle Mountain Band of Chippewa,” says the 1953 congressional decision to terminate the Turtle Mountain Band was based upon reports by  the BIA Superintendent [Peru Farver] that the Tribe members “have always been resourceful.” In 1954, however, “the Turtle Mountain Band raised funds locally to send a delegation to Washington. Tribal Chairperson Patrick Gourneau testified that the Turtle Mountain people were unprepared economically, still living in poverty, and that such a move [termination] would be devastating. Following the testimony of the Turtle Mountain group, the subcommittee decided that the Turtle Mountain Band was not economically self-sufficient, and was dropped from the list.” This decision recognized “that the Chippewa were still poverty-stricken, occupied an extremely limited land base, suffered from low education levels and high unemployment.”[8] (No mention of these reports by the Superintendent was made in the novel.)

The major congressional proponent of the termination of special status for the Indians was U.S. Senator (Rep., UT) Arthur Vivian Watkins (1888-1973). “He equated such action with the Emancipation Proclamation that freed slaves during the Civil War and asserted that it was backed by the following tenets: (1)To eliminate laws that treated Native Americans as different from other Americans; (2) To dismantle the BIA giving responsibility for their affairs to the tribes themselves, or if necessary transferring some of its duties to other federal and state agencies; (3) To end federal supervision of individual Indians; and (4) To cease federal guardianship responsibilities for Indian tribes and their resources.”

By the time Watkins lost his bid for re-election in 1958, these Indian policies he had pursued “ were proving to have disastrous effects on Native peoples. Tribes were cut off from services for education, health care, housing, sanitation and utility sources, and related resources. Termination directly caused decay within the tribe including poverty, alcoholism, high suicide rates, low educational achievement, disintegration of the family, poor housing, high dropout rates from school, disproportionate numbers in penal institutions, increased infant mortality, decreased life expectancy, and loss of identity. In addition, the era of conformity was moving into the Sixties and its calls for social change and a growing sensitivity to minority rights.”[9]

In 1960 President Dwight D. Eisenhower appointed Watkins to the Indians Claims Commission, becoming its chairman and subsequently its chief commissioner.

All of this research made me want to search for, and examine, the actual congressional materials from 1953-54 about the “termination” campaign, but such an effort is impossible now due to the “shelter in place” pandemic policies in the U.S.

The Novel’s Early References to the Termination Issue

My previously mentioned analysis of the novel started with the “chapter” that clearly focuses on the Concurrent Resolution (# 83 “Termination of Federal Contracts and Promises Made with Certain Tribes of Indians”) and then skimming prior chapters to see if they mentioned the Resolution in any way. I was surprised to discover that there were many such references, often cryptic, usually involving the Night Watchman (Thomas) all the way back to the fourth “chapter”   (“The Watcher”). Here are those references:

“Chapter”

Number

“Chapter”

Title

Reference
      4 The Watcher !. Thomas wrote to North Dakota Republican Senator Milton R. Young and to newspaper columnist Bob Cory requesting meetings. https://en.wikipedia.org/wiki/Milton_Young

https://en.wikipedia.org/wiki/Milton_Young

2. At the Jewel Bearing Plant, Thomas read newsletters and other tribes’ newsletters about the passage of “a bill that indicated Congress was fed up with Indians. Again. No hint of strategy. Or panic, but that would come.”

     5 Three Men Moses Montrose (tribal judge) gives Thomas a copy of the bill “that was supposed to emancipate Indians,” but Moses said, “I read it all. They mean to drop us.” (Thomas had not yet seen the bill.).Eddy Mink asked Thomas if he knew about the emancipation. Thomas said yes, but it wasn’t emancipation. Eddy thought it was good idea because then he could sell his 20 acres. He did not care that he would not have a school, clinic, farm agent or government commodities. Thomas:, what about old people who want to keep their land?
     9 Juggie’s Boy Thomas told a Tribesman, “I’m fighting something out of Washington. I don’t know what. But it’s bad.”
    11    Pukkons Thomas tells Biboon (Thomas’ father) government has new plan to take away treaties for all Indians. Dad: Get together with other tribes to oppose.
    13    The Iron Thomas had been trying to understand the papers Moses gave him, to define the unbelievable intent couched in innocuous dry language. The intent was to unmake, unrecognize, erase Indians –all of us invisible and as if we never were here. When the government remembered the Indians, they always tried to solve Indians by getting rid of us. He had no word from the government. He read about it in Minot Daily News. He finally had confirmation that the Turtle Mountain Band was targeted by the U.S. Congress for emancipation. Freed from being Indians, from their land, the treaties that were promised to last forever. The tribal chairman job had turned into a struggle to remain a problem.
    16        A  Bill The Bill: “To provide for the termination of Federal supervision over the property of the Turtle Mountain Band . . in the states of North Dakota, South Dakota and Montana, and the individual members thereof; for assistance in the orderly relocation of such Indians in areas of greater economic opportunity.” Its author said it was about emancipation, freedom, equality, success. Real purpose was extermination. Another tribal chairman said the author of bill was Arthur V. Watkins, “the most powerful man in Congress” and a Mormon, who wants to change Indians to white.
     17    Who? Thomas thought Indians will be destroyed by “a collection of tedious words.”
     19   2d Who? Thomas: The termination bill. Watkins believed it was for the best. Open the gates of heaven. How could Indians hold themselves apart?
    23 The Old                    Muskrat Biboon (father) tells Thomas: Band got land by forming a delegation and submitting petition. Thomas to take idea to council. Others need to understand contributions of Indians. We are just getting started on our own feet. Have no money for hospitals. Advisory committee met. Thomas suggested petition with signatures and call it The Termination bill.
    26 Louis Pipestone Louis getting signatures on petition.
    30 The Average Woman & Empty Tank Louis getting signatures on petition. Thomas has Juggie preparing tribal newsletter.
    31 The Missionaries Two young Mormons ask Thomas & Noko if they wonder why Indians as ancient people are on this land. Do you want to read Book of Mormon? Thomas asks about Watkins and is told he wrote book about shepherd who learns he is part of secret society. “It was revealed to Joseph Smith that Indians are people of the house of Jacob & children of Lehi.” They gave him a book.
     32 The Beginning Thomas says we need Biboon for Washington fight.
     34 Wild Rooster Driving to Fargo for meeting with BIA to register opposition to Termination Bill.
     35 Arthur V. Watkins Born in 1886 when UT was still territory. Baptized by father (same name), who wrote to Joseph Smith, “We have filed on land on the reservation for us a home” when Ute people & reservation were relieved of 13.8 million acres of land guaranteed by executive orders of Presidents Lincoln & Arthur. Smith & early Mormons tried to murder all Indians in the way. The son was elected to state office & later U.S. Senate. In termination hearing,  he was said to “convey an air of rectitude that was almost terrifying” and “howled in his reedy voice.” He “decided to use the power of his office to finish what the prophet started. He didn’t have to get his hands bloody.”
      38 Metal Blinds 10/19/53 Fargo meeting with BIA officials . Thomas, 45 tribe members & their attorney, John Hail. Thomas: “We are here to discuss the purpose of Concurrent Resolution, which will terminate all federal recognition and support of the [BIA] Turtle Mountain Agency.” The BIA attorney John Cooper read each section of the law. “Disposition of federally owned property to such Indians may be discontinued as no longer necessary—cause such lands to be sold and deposit the proceeds of sale—trust relationship to the affairs of the Band and its members has terminated.” Indians attempting to understand white man reading from sheaf of papers. Thomas asked for comments from other Indians. BIA: it means no “more Indian service for the Turtle Mountains. You will now be equal with whites as far as the government is concerned.” Joyce: This is not equal. Our rights go down. Government is backing out of its agreement. You left us on land too small in size and most cannot be farmed. Government should give more land back, not kick us off the leftovers.” BIA: “you will be relocated to areas of equal opportunity.” Juggie Blue: “We don’t want to leave our homes. We are poor, but even poor people can love their land.. You do not need money to love your home.” Cooper re-read the bill. All 47 Indians voted against the bill. Thomas is told that Millie did research about the Band, maybe that would be useful.
      39    X =? Barnes, the white math teacher & boxing coach talks to Thomas about the Fargo meeting. Barnes thought the bill was good idea; to be regular Americans. Thomas: we cannot be regular Americans. Got right to vote in 1924. We pay taxes, but not on our land.
     41 The Star Powwow Thomas writes to Senator Milton Young & 2 congressmen. Setting up meeting with American Legion to be against bill.
     45 Hay Stack Thomas asks Barnes to set up boxing card to raise money for delegation to go to Washington. We will have a tribal scholar.
     48 Letter to U MN Thomas writes to Millie Cloud at UM for assistance against bill.
     49 The Chippewa Scholar Millie Cloud (the tribal scholar) reads Thomas’ letter at UM.
     53 Battler Royale Thomas worries about testifying in Congress. Reads Mormon books.
     56 The Promotion Thomas explains Bill to Patrice’s Mother.
     59 Good News, Bad News Good news: poor enough to keep & improve status quo; county & state do not want us; sheltered by roofs; we have schools, cure found for TB; we have this report.

Bad news: we are poor; they don’t like us; 97% of roofs by tar paper; many illiterate; many parents died & kids grew up in boarding schools; we have this report.

     64 Two Months Hearing in 2 months (March). Advisory Comm. had to prepare to save tribe. Thomas is scared.
     70 Runner Thomas about to get a county commissioner to write letter of objection. Not sufficient tax base on reservation to care for roads and schools.
    72 The Spirit Duplicator Millie’s report about conditions of tribe printed. To be sent to local & state officials, newspapers, radio announcers. Juggie says erroneous past count of Indians caused reduction of townships form 20 to 2. Mistaken census survey had convinced Congress that Turtle Mountain was prosperous.
     73 Prayer for 1954 Thomas writes to ND’s US Senators Milton R. Young and William “Wild Bill” Langer, the latter favoring termination.
     77 The Lamanites Thomas reads Book of Mormon. Studies text of bill. Writes to Joe Garry, president of National Congress of American Indians for more info on Watkins, who had refused to appropriate funds to relieve Navajo. Book of Mormon explained why he wanted Indians to disappear. Mormons believed they had been divinely gifted of all the land they wanted; Indians were not white and thus had no right to live on the land. Treaties meant nothing.
     79 The Committee Committee was Thomas, Juggie & Millie. Millie worried she could not testify. Moses and Louis don’t want to go. Louis got county & State officials to sign letter of support.
    81 The Journey Train to Mpls/Washington. Thomas read his testimony.
    83 Termination of Federal Contracts & Promises with Indian Tribes March 2-3, 1954 Joint Hearing, Subcommittees of US Congress. Senator Young: ND could not take over; government should fund job-training program on reservation. Thomas: Reservation could not sustain itself without support. Watkins: Indians did not want to farm & leased land to whites. Thomas, I farm. Relocation is ill timed with many difficulties. Watkins: You have to solve most of your problems. Government can’t legislate morality, character or fine virtues. Thomas: I farm & is guard at Plant. Thomas: women at Plant are paid 75 to 90 cents/hr; I take home $38.25/week.  Millie describes her report. Thomas went to Watkins office and thanked him.
     84 The Way Home Thomas recalls every Indian who testified was asked about their degree of Indian blood, and no one knew.[10] (For this reader, these questions were prompted by the previously mentioned prior year’s reports by the Reservation Superintendent that mentioned many of the Turtle Mountain Band had white blood and thus were ready for independence, but this was not mentioned by the novel.) Patrice: Watkins was supercilious with coin-purse mouth, full of sanctimony.
Untitled P.S. by Erdrich Turtle Mountain Band was not terminated.  (However, there was no citation to the name of the bill or other measure that did this or the date on which it happened or the debate (if any) and vote on the measure.)

Conclusion

I am glad that my initial frustrations with this novel did not cause me to abandon the book. The additional efforts at understanding the book and more importantly the congressional efforts to breach U.S. treaties with tribes were rewarded. I also must confess that the stories about the lives of the Indians should make the reader appreciate the courage and imitative of Thomas and the others who went to Washington, D.C. to testify before a congressional committee. I hope this post will encourage others to read the novel and learn about this lamentable facet of U.S. history.[11]

This post has focused on my learning about important aspects of U.S. Native American history after I had retired from practicing law in 2001. I also had learned about another aspect of Native American culture in 1978-79 when as the attorney for the Minneapolis School Board, I sought (unsuccessfully) to persuade the U.S. District Court in Minneapolis to modify its school desegregation order to allow the School Board to continue to allow Native American children to attend a new school close to their homes in the Southeast part of the city. That effort also involved the only appeal (also unsuccessful) by the School Board in the many years of that desegregation case to the U.S. Court of Appeals for the Eighth Circuit and then to the U.S. Supreme Court.[12]

====================================

[1] Urrea, a Mexican-American, is a distinguished Professor of Creative Writing at the University of Illinois-Chicago and a writer of fiction and nonfiction. I have enjoyed his novels, Into the Beautiful North and The House of Broken Angels. He also is an entertaining speaker as evidenced by his lecture—”Universal Border: From Tijuana to the World”—at the 2013 San Miguel Writers’ Conference, which I attended. Another positive review of “The Night Watchman” appeared in the Wall Street Journal: Winkler, Louise Erdrich Retells the Story of Her Grandfather and the Chippewa, W.S.J. (Feb. 28, 2020).

[2] The Night Watchman, HarperCollins Publishers (2020); Reading Guide, The Night Watchman; Urrea, Fighting to Save Their Tribe From Termination, N.Y. Times Book Review (Mar. 29, 2020).

[3] Another Erdrich novel, LaRose, involves adults who were “traumatized from their compulsory time spent as students at Indian boarding schools, where students were stripped of their cultural history and forced to assimilate into Western traditions.”   (HaperColllins Publishers, La Rose (2016); LaRose (novel), Wikipedia;.Broida, ‘LaRose’ by Louise Erdrich: brilliant, subtle exploration of tragic histories, Philadelphia Inquirer (May 20, 2016). It also should be mentioned that there is a moving permanent exhibit, “Away from Home: American Indian Boarding School Stories” at Phoenix’s Heard Museum, which I have visited and highly recommend.

[4] Because of Erdrich’s reference to this book, I bought it and discovered that it said nothing about the Turtle Mountain Band’s struggle in 1953-54 against termination. Ada Deer, who was a member of the Menominee Tribe in Wisconsin, instead has a long discussion of that tribe’s struggle over termination. Subsequently in 1993-97 she was head of the U.S. Bureau of Indian Affairs.

[5] Turtle Mountain Band of Chippewa Indians, Wikipedia; Turtle Mountain Band of Chippewa IndiansTurtle Mountain Chippewa Heritage CenterHouse concurrent resolutions 108, Wikipedia; Arthur Vivian Watkins, Wikipedia. In order to flesh out this research would require at least examining the Congressional Record for the 83rd Congress ((1/3/53—1/3/55), which is impossible during the COVID-19 pandemic. I would appreciate suggestions on other potential sources on this specific topic.

[6] The resulting complex legal problem of determining jurisdiction (federal or Native American courts) was the subject of another Erdrich novel, The Round House, which was awarded the 2012 National Book Prize for fiction. It concerns the violent rape of a Native woman by a white man on the border of an Indian reservation in North Dakota in 1988. (See The Round House (novel), Wikipedia; ; Personal reflections on the U.S.-Dakota War of 1862, dwkcommentariese.com Dec. 10, 2012);  Jurisdictional Black Hole for Certain Violent Crimes by Non-Indian Men Against Indian Women on Indian Reservations, dwkcommentaries.com (Feb. 13, 2013).

[7] Forest to Factory Easy for Indians, N.Y. Times (Aug. 5, 1953); Congress To Get Ten Indian Bills, N.Y. Times (Jan. 31, 1954); Indian Bills Opposed, N.Y. Times (Mar. 26, 1954); Indian Trust Bill Put Under Attack, N.Y. Times (May 6, 1954).

[8] N.D. Dep’t Public Instruction, The History and Culture of the Turtle Mountain Band of Chippewa at 20-21 (1997).

[9] On August 5, 1954, Vice President Ricard Nixon appointed Senator Watkins to chair a bi-partisan committee to review and determine whether censure of Senator Joseph McCarthy was warranted. Its work led to the Senate’s voting, 67 to 22, to condemn McCarthy for (a) his refusal to appear before a Senate subcommittee to answer questions about his personal character and obstruction of its work and (b) his charging three members of a committee of “deliberate deception” and “fraud” and stating to the press that a Senate special session was a “lynch-party.” This blog has published many posts about the preceding Army-McCarty Hearings of 1954 and the role played by Joseph Welch, the attorney for the Army in those hearings. (See posts listed in the “U.S. History, 1918-2017” section of List of Posts to dwkcommentaries—Topical: United States( HISTORY).

[10] These questions about each Indian’s white-blood were undoubtedly prompted by the previously mentioned comments by Peru Farver, Superintendent of the Turtle Mountain Reservation, about “too much money having been channeled into guardianship of these Indians who have a high percentage of white blood and . . . are well able to look out for themselves.”

[11] Yet another horrible part of the history of U.S. treatment of Native Americans was the 1862 U.S.-Dakota War, Minnesota Governor Alexander Ramsey’s contemporaneous public demand that “The Sioux Indians of Minnesota must be exterminated or driven forever beyond the borders of the State;“ and the December 26, 1862, execution by hanging of 38 Dakota men in the town square of Mankato, Minnesota, which is still the largest mass execution on U.S. soil in U.S. history. (Emphasis added.)  (See posts listed in the “U.S. History, 1776-1917” section of List of Posts to dwkcommentaries—Topical: United States (HISTORY).

[12] See these posts to dwkcommentaries.com: Minneapolis Public School Desegregation/Integration Litigation, 1978-1983 (Sept. 9, 2012); The Impact of the Minneapolis Public Schools Desegregation/Integration Litigation on Native American Children (Sept. 11. 2012); Comment, Larry Leventhal’s Participation in Minneapolis Public Schools’ Desegregation Case (Jan. 19, 2017).

 

 

Pandemic Journal (# 14): Reading and Writing  

This Pandemic Journal is a means of recording how this blogger is living through the coronavirus (COVID-19) pandemic. Its entries cover a wide range of  topics: reflections on the pandemic’s development; reflections on politicians’’ policies and statements about the pandemic; reactions to analyses of the pandemic by journalists; personal things to do.

I spend a lot of time keeping up on the news by reading the hard-copy of the local newspaper (StarTribune) and other news sources online (New York Times, Washington Post, Wall Street Journal, Guardian, Diario de Cuba, Granma (from Cuba), New York Review of Books, HuffPost, Politico, Atlantic, CNN, State Department, and others from time to time.

So far at least, I have not had time to read books. An exception is Louise Erdrich’s new novel “The Night Watchman.” Surprisingly I had difficulties with the book that has resulted in a lengthy essay about the book that soon will be added as a regular post.

 

Pandemic Journal (# 8): Reconnecting with Family and Friends 

The imminent threat of death facing all of us from the COVID-19 Pandemic should prompt a desire to reconnect with family members and friends, including forgiving and reconciling with them and asking for the same from them for your misdeeds.[1]

My wife and I have been doing that. My own family is small. We have good relations and frequent contacts, now only by email, telephone and Skype, with our two sons and daughters-in-law and five grandchildren, as well as a former daughter-in-law. The only other members of my own family are two cousins (sister and brother)and some of the children of three deceased cousins. I have good relations with one of the living cousins, but they are infrequent because we live in different parts of the country. I, therefore, was very pleased last year when she came to my 80th birthday party. The other cousin also lives in yet another part of the U.S., but for reasons unknown to me, he refuses to have any communication with me (and others, I am told). Nevertheless, I still try to reconnect with him. Recently I reconnected with a daughter of one of my deceased cousins that led to my posting of a moving poem by her deceased sister. [2]

I also have been initiating contacts with my former high school classmates from Perry, Iowa and we are talking about having a mini-reunion since we did not have one for the 60th anniversary of our high school graduation.[3]

Similarly I have been re-initiating contacts with some of my best friends from Grinnell College. So far we are not talking about a physical reunion after the pandemic shelter-in-lace regime is over. But we are sharing memories and I have been engaging in research and writing obituaries for recent deceased classmates.[4]

In addition, I have been communicating with classmates from the University of Chicago Law School. Last fall before the pandemic, I went to Chicago to attend a dinner honoring one of those classmates, David Tatel, now a federal judge on the U.S. Court of Appeals for the District of Columbia, and for a small luncheon gathering of David and other classmates. These meetings and conversations are enjoyable and memorable.[5]

Now I have to initiate contacts with friends from my two years of study at Oxford University [6] and from my four years with a Wall Street law firm[7] and the following 31 years with a Minneapolis law firm.[8]

=================================

[1] The current pandemic and sheltering-at-home have prompted ongoing reflections on living through the pandemic, which are recorded in the following posts to this blog: Pandemic Journal (# 1): Kristof and Osterholm Analyses (Mar. 23, 2020); Pandemic Journal (# 2): Westminster Presbyterian Church Service (03/22/20) (Mar. 24, 2020); Pandemic Journal (# 3):1918 Flu (Mar. 27, 2020); Pandemic Journal (# 4): “Life” Poem (Mar. 28, 2020); Pandemic  Journal (# 5): POLST (Provider Orders for Life-Sustaining Treatment) (Mar. 29, 2020); Pandemic Journal (# 6): Maintaining Physical Fitness (April 1, 2020); Pandemic Journal (# 7): Latest Statistics (April 2, 2020).

[2] Pandemic Journal (# 4): “Life” Poem (Mar. 28, 2020).

[3] Growing Up in a Small Iowa Town, dwkommentaries.com (Aug. 23, 2011).

[4]  My Grinnell College Years, dwkcommentareis.com (Aug. 27, 2011). I have been surprised to discover that writing obituaries has become one of pastoral care for the families of the departed. (See My First Ten Years of Retirement,  dwkcommentaries.com (April 23, 2011).

[5] My Years at the University of Chicago Law School, dwkcommentaries.com (Dec. 27, 2011); Judge David Tatel Honored by Chicago Lawyers’ Committee for Civil Rights, dwkcommentaries.com (Oct. 29, 2019).

[6]  My Oxford University Years, dwkcommentaies.com (Aug. 30, 2011).

[7] Lawyering on Wall Street, dwkcommentaries.com (April 14, 2011). In addition, some of the cases from this period are discussed in posts identified in List of Posts to dwkcommentaries, Topical: LAWYERING.

[8]  Lawyering in Minneapolis, dwkcommentareis.com (April 18, 2011). In addition, some of the cases from this period are discussed in posts identified in List of Posts to dwkcommentaries, Topical: LAWYERING.

 

 

Pandemic Journal (# 7): Latest Statistics  

The morning news on April 2 has these COVID-19 statistics for the world: 946,000 confirmed cases and 45,000 deaths. The most deaths have been in Italy at 13,155 and Spain at 10,003.[1]

The U.S. Situation[2]

The U.S. now has the most cases in the world with 214,461 and the third-most deaths at 4,841. In addition, the federal government is projecting U.S. total deaths (best case) to be 100,000 to 240,000

Adding to the gravity of the situation in the U.S., the federal government’s “emergency stockpile of respirator masks, gloves and other medical supplies is running low and is nearly exhausted due to the coronavirus outbreak, leaving the Trump administration and the states to compete for personal protective equipment in a freewheeling global marketplace rife with profiteering and price-gouging, according to Department of Homeland Security officials involved in the frantic acquisition effort.”

According to an anonymous DHS  official, ““The stockpile was designed to respond to a handful of cities. It was never built or designed to fight a 50-state pandemic. This is not only a U.S. government problem. The supply chain for PPE worldwide has broken down, and there is a lot of price-gouging happening.”

Moreover, thousands more of the ventilators in the federal stockpile do not work and are unavailable “after the contract to maintain . . .  [them] lapsed late last summer, and a contracting dispute meant that a new firm did not begin its work until late January.”

State of Minnesota Situation [3]

 My State of Minnesota has 689 cases and 17 deaths as it struggles to acquire needed supplies and equipment. The peak of our cases is now expected between early May and early June followed by the highest need for hospital beds.

“Several hospitals are adding more beds on their campuses. ‘The limiting factor is the availability of ventilators to be able to equip those rooms,’ Jan Malcolm, the State Health Commissioner, said. Operating rooms could also be converted to intensive care because many of them have ventilators. The state is also scouting locations for temporary hospitals, using buildings, such as closed nursing homes, that could house patients who don’t need critical care and are not infected with the coronavirus. The goal is to add 2,750 temporary beds, with 1,000 of them in the metro area.

According to Lee Schafer, a business columnist for the StarTribune, Minnesota’s hospital system is designed to handle “a normal patient load” because “unused capacity costs money” and  because “health care in this state was efficient.”

Conclusion

All of the these developments  makes a Minnesota senior citizen currently in overall good health like this blogger realize that if he contracts the COVID-19 virus during the next 60 days or so, he will enter the hospital system at its most stressful period. Therefore, it is even more important now to maintain six feet of separation from other people, to avoid groups of 10 or more people, to cover your mouth when you cough, to wash your hands frequently and to maintain physical fitness. Finally make sure your wills, trust agreements and health care directives are up to date. And study the Protective Orders for Life Sustaining Treatment (POLST) and determine your choices on that form.[4]

============================== 

[1] Coronavirus Map: Tracking the global Outbreak, N.Y. Times (April 2, 2020).

[2] N. 1 supra; Miroff, Protective gear in national stockpile is nearly depleted, DHS officials  say, Wash. Post (April 1, 2020); Miroff, Gloves, masks and ventilators near gone, StarTribune (April 2, 2020) (print edition); Madhani, Freking & Alonso-Zaldivar, Trump says ‘life and death’ at stake in following guidelines, StarTribune (April 1, 2020).

[3] Tracking coronavirus in Minnesota, StarTribune (April 1, 2020); Howatt, Minnesota COVID-19 cases increase by 60 to 689 with 5 more deaths, StarTribune (April 2, 2020); Schafer. Here’s why Minnesota doesn’t have enough hospital beds right now, StarTribune (April 2, 2020).

[4] See these posts to dwkcommentarie.com: Pandemic  Journal (# 5): POLST (Provider Orders for Life-Sustaining Treatment) (Mar. 29, 2020); Pandemic Journal (# 6): Maintaining Physical Fitness (April 1, 2020). Here are the earlier posts in this ongoing series: Pandemic Journal (# 1): Kristof and Osterholm Analyses (Mar. 23, 2020); Pandemic Journal (# 2): Westminster Presbyterian Church Service (03/22/20) (Mar. 24, 2020); Pandemic Journal (# 3): 1918 Flu (Mar. 27, 2020); Pandemic Journal (# 4): “Life” Poem (Mar. 28, 2020);

 

 

Pandemic Journal (# 6): Maintaining Physical Fitness

Living in a downtown condo for almost the last seven years has prompted my wife and I to maintain our physical fitness. When the weather is nice, we go walking through nearby Loring Park and the Walker Art Center’s Sculpture Garden and elsewhere, biking on the nearby biking trails to the Mississippi River and city lakes and parks plus walking up fifteen floors in our building. Below are photos of Loring Park, the Sculpture Garden’s famous “Spoonbridge and Cherry” by Claes Oldenburg and bikers and walkers on the Stone Arch Bridge over the Mississippi River in downtown Minneapolis.

In addition, we have taken advantage of our building’s indoor swimming pool, hot-tub, sauna and exercise room with treadmills and other equipment. More recently I have joined a weekly yoga class in our entertainment center while my wife has joined a weekly strength class, both led by Sandra Swami, a capable, warm and helpful instructor.

Over the last several weeks we  have been sheltering in place with occasional trips to buy groceries and supplies and a weekly take-out dinner from a local restaurant. In addition, on warm, sunny days we have been walking again to Loring Park and the Sculpture Garden and elsewhere, and I look forward to retrieving my bicycle from winter storage and going on familiar bike jaunts.

However, our previously mentioned indoor exercise amenities have been closed in accordance with state and local guidelines and requirements because of the pandemic. This also has caused the cancellation of the yoga and strength classes.

Our instructor, Sandra Swami, however, has learned how to provide those classes on ZOOM. She says, “I had no idea what to expect when I first started. It was just my way of trying to maintain some of my self-owned business income and in particular the contacts with clients/participants I have developed and nurtured for years. But what I did not expect was the sense of community it has given me and, I hope, the participants.”

She continued, “I have now been able to connect with former clients/friends and family in various parts of the states, and other countries! That is a gift!  It truly brings me a sense of accomplishment and self-worth that I am helping my people get through this. In addition to my clients in and around the Twin Cities, others come from other parts of Minnesota, New Mexico, California and Australia, and one is a 95-year-old who lives alone.”

As someone who is not great at yoga, I appreciate her constant reminders that if a specific pose/position hurts, don’t do it. I also am amused that she always provides a pose’s Sanskrit name that I cannot pronounce and never remember. Need I say, my wife and I now join her on ZOOM.

She also offers Pilates, self-fascial stretch, and general fitness sessions of various intensity, in group and private formats.  She welcomes new participants of any fitness level. Her fees are modest and she offers reduced rates or FREE classes to individuals negatively affected by the current crisis. Check her website for details: http://www.theswamimethod.com.

This has been the sixth entry in my Pandemic Journal, which sets forth my reflections on living through this horrible pandemic.[1]

==================================

[1]. Here are the earlier journal entries to dwkcommentareis.com: Pandemic Journal (# 1): Kristof & Osterholm Analyses (Mar. 23, 2020); Pandemic Journal (# 2): Westminster Presbyterian Church Service (03/22/20) (Mar. 24, 2020); Pandemic Journal (# 3): 1918 Flu (Mar. 27, 2020); Pandemic Journal (# 4): “Life” Poem (Mar. 28, 2020); Pandemic  Journal (# 5): POLST (Provider Orders for Life-Sustaining Treatment) (Mar. 29, 2020).

 

Pandemic Journal (# 5): POLST (Provider Orders for Life-Sustaining Treatment)

This Pandemic should prompt everyone, and especially older people, to think about how they want to die and how they want their financial assets and liabilities handled after they are gone from this world. I already have reviewed my will, trust documents and health care directive and decided that no changes were necessary other than updating contact information for my health care agents.[1]

I also recently have discovered another important document that an individual should review and decide whether it is appropriate for him or her or anyone in their family to fill out and sign before that individual ever goes into a hospital emergency room.

That document is the POLST or Provider Orders for Life-Sustaining Treatment, which was created “to advance care planning for patients who are considered to be at risk for a life-threatening clinical event because they have a serious life-limiting medical condition, which may include advanced frailty.”[2]  The Minnesota form has the following sections with boxes to check the appropriate treatment:[3]

A. CARDIOPULMONARY RESUSCITATION (CPR) Patient has no pulse and is not breathing.

  • Attempt Resuscitation / CPR (Note: selecting this requires selecting “Full Treatment” in Section B).
  • Do Not Attempt Resuscitation / DNR (Allow Natural Death). When not in cardiopulmonary arrest, follow orders in B.

B. MEDICAL TREATMENTS Patient has pulse and/or is breathing.

  • Full Treatment. Use intubation, advanced airway interventions, and mechanical ventilation as indicated. Transfer to hospital and/or intensive care unit if indicated. All patients will receive comfort-focused treatments. TREATMENT PLAN: Full treatment including life support measures in the intensive care unit.
  • Selective Treatment. Use medical treatment, antibiotics, IV fluids and cardiac monitor as indicated. No intubation, advanced airway interventions, or mechanical ventilation. May consider less invasive airway support (e.g. CPAP, BiPAP). Transfer to hospital if indicated. Generally avoid the intensive care unit. All patients will receive comfort-focused treatments. TREATMENT PLAN: Provide basic medical treatments aimed at treating new or reversible illness.
  • Comfort-Focused Treatment (Allow Natural Death). Relieve pain and suffering through the use of any medication by any route, positioning, wound care and other measures. Use oxygen, suction and manual treatment of airway obstruction as needed for comfort. Patient prefers no transfer to hospital for life-sustaining treatments. Transfer if comfort needs cannot be met in current location. TREATMENT PLAN: Maximize comfort through symptom management.

 

E. ADDITIONAL PATIENT PREFERENCES (OPTIONAL)

  • ARTIFICIALLY ADMINISTERED NUTRITION Offer food by mouth if feasible. Long-term artificial nutrition by tube. Defined trial period of artificial nutrition by tube. No artificial nutrition by tube.
  • ANTIBIOTICS Use IV/IM antibiotic treatment. Oral antibiotics only (no IV/IM). No antibiotics. Use other methods to relieve symptoms when possible.
  • ADDITIONAL PATIENT PREFERENCES (g. dialysis, duration of intubation)

POLST was started in the early 1990s by a group of Oregon medical ethicists, and then in September 2004 the National POLST Advisory Panel (later known as the National POLST Paradigm Task Force and now known as The National POLST Office) was convened to establish quality standards for POLST forms and programs and to assist states in developing POLST as a model process. [4]

===========================

[1] This blogger has decided to periodically post his reactions to living through this pandemic. Here are the earlier such posts to dwkcommentareis.com: Pandemic Journal (# 1): Kristof and Osterholm Analyses (Mar. 23, 2020); Pandemic Journal (# 2): Westminster Presbyterian Church Service (03/22/20)  (Mar. 24, 2020); Pandemic Journal (# 3): 1918 Flu (Mar. 27, 2020); Pandemic Journal (# 4): “Life” Poem (Mar. 28, 2020).

[2]  National POLST, POLST Fundamentals ; Sandler, Time for Death Panels? No. Care directives? Yes., StarTribune (Mar. 26, 2020).

[3] Minnesota Provider Orders for Life-Sustaining Treatment (POLST). Here is the national form.

[4]  National POLST, History.

Pandemic Journal (# 4): “Life” Poem

Important reminders of more important issues for us all as we live through this stressful period of the coronavirus (COVID-19) pandemic are found in different places. [1] For example, in organizing some personal papers I came across the following poem by Kristi Brown, the daughter of my cousin, Lloyd William Brown, Jr., and his wife, Karen Brown.

Life

 Life is not long enough to accomplish all your goals.

Life is too short to waste a minute of .

Life always has to end sometime or another.

It ends when you least expect it.

 

Life ends instantaneously for some,

Life’s end is long and painful for others.

Life’s end is known by some, but for others,

It ends when you least expect it.

 

Life is good to most people for a long time,

Life takes some people very early on.

Life fights with death for the cream of the crop.

It ends when you least expect it.

 

Life is taken advantage of by some, others live

Life one day at a time, and cross bridges when they come to them.

Life usually ends for the careful ones, not careless.

It ends when you least expect it.

 

Life’s end is welcomed by those who are suffering.

Life’s end is not welcomed for those who are not.

Life is hard after a loved one dies, but

It ends when you least expect it.

 

Life is a terrible thing to waste.

This poem in her handwritten spiral notebook was discovered in her nightstand drawer in the summer of 1987 by Kristi’s parents. This discovery was necessitated by Kristi’s having been killed, at age 19, on June 24, 1987, in a terrible multiple-vehicle crash on the Capitol Beltway outside Washington, D.C. on her way home from a summer job following her first year at the University of Virginia. Pursuant to her written instructions, Kristi’s heart, cornea and kidneys were donated to the Washington Regional Transplant Community.

Thereafter her parents organized an annual event they called “Kristi’s Christmas” when students from her high school in Springfield Virginia joined her parents and siblings to provide breakfast to a group of underprivileged grade-school kids and then escorted and provided money for them to go Christmas shopping followed by a special visit with Santa Claus. After her mother’s death, the West Springfield Rotary Club has taken over the organization of this annual event.[2]

Thank you, Kristi, for reminding all of us that life “ends when you least expect it” and that “life is a terrible thing to waste.” I am truly sorry that I never had the privilege of meeting you and learning about your inspirations for these amazing deeds.

This profound and beautiful poem helps me cope with the morning news on March 28th that  the world in at least 171 countries has seen 585,500 coronavirus (COVID-19) cases with at least 27,164 deaths while the U.S. has become the epicenter of the world with 102,838 cases and 1,646 deaths. My state of Minnesota has had 398 cases and 4 deaths, including 1 death in Hennepin County, where I live.[3]

My wife and I continue to be in good health while sheltering in our downtown Minneapolis condo with occasional outdoor walks on nice days and trips by car to buy groceries and once-a-week take-out dinners at restaurants, gas for the car and necessities at drug stores.

==============================

[1]This blogger has decided to periodically post his reactions to living through this pandemic. Here are the earlier such posts to dwkcommentareis.com: Pandemic Journal (# 1): Kristof and Osterholm Analyses (Mar. 23, 2020); Pandemic Journal (# 2): Westminster Presbyterian Church Service (o3/22/20) (Mar. 24, 2020); Pandemic Journal (#3): 1918 Flu (Mar. 27, 2020).

[2] Korff, ‘Kristi’s Christmas’ honors the late Kristi Brown with day of giving for Fairfax kids, WJLA (Dec. 11, 2014); Ours, Kristi’s Christmas makes the holidays merry and bright, The Oracle (Dec. 15, 2016).

3] Coronavirus Map: Tracking the Global Outbreak, N.Y. Times (Mar. 28, 2020; Coronavirus in the U.S.: Latest Map and Case Count, N.Y.Times (Mar. 28, 2020); Olson & Snowbeck, Stay-at-home order now in effect to fight virus that has killed four Minnesotans, StarTribune (Mar.28, 2020).

 

Pandemic Journal (# 3): 1918 Flu 

The ongoing news of today’s coronavirus (COVID-19) pandemic makes frequent reference to the Spanish flu of 1918, about which I basically knew nothing even though I had seen many references to it and even though I was a history major at Grinnell College (1957-61). [1]

Only now, sketchy internet research tells me that this earlier pandemic is called the “Spanish flu” although it was thought to have originated in the soldiers’ trenches of World War I, virtually the only news of the disease came from Spain, which was not involved in the war. This pandemic started in early 1918 and ended in December 1920, infecting 500 million people around the world (or about one-third of the world’s then total population) and causing 17 to 50 million deaths. In the U.S. the statistics were 25.8  million cases and  675,000 deaths. Unlike typical flu viruses, this one especially affected healthy young adults; almost half of the all deaths were those 20-40 years old. [2]

In that time period, both of my parents lived in Iowa, which had an estimated total Spanish flu cases of 93,000 with 6,000 deaths. In the Fall of 1918 the Iowa Board of Health “quarantined” the entire state and ordered the closing of all “public gathering places.” [3]

At the time, my father, Ward Glenn Krohnke, lived in the small town of Perry in the central part of the state. When the U.S. entered World War I in April 1917, he was 16 years old in the junior year of high school.[4] Thus, In early 1918 he was 17 years old in his last year of high school, facing the prospect of joining the U.S. Army and being shipped to Europe to fight in World War I. That same year, after graduation, he did join the Army for training at Camp Dodge, Iowa (just north of Des Moines), where 10,000 men were treated for the flu with 700 of them dying.[5] The Armistice of November 11, 1918, however, led to his honorable discharge without going overseas.

I do not recall ever hearing that that he or his parents or brother contracted this version of the flu or that his father, Alvin J. Krohnke, who was a train dispatcher (or station agent) for the Milwaukee Railroad in Perry, had any financial difficulties caused by the flu.

In 1956 just before the start of my last year of high school, I was selected to go to Hawkeye Boys’ State, which was held at the old Camp Dodge, where we stayed in what must have been the old Army barracks.[6] I do not recall any mention being made at this gathering about its history during World War I or otherwise. Nor do I recall my Father on this occasion saying anything about his basic training there in 1918.

My mother, Marian Frances Brown at the time, in the larger southeastern Iowa town of Ottumwa in early 1918 would have been in the seventh grade. I never heard of her or any members of her family suffering from the Spanish flu, nor did I hear of any flu-related financial difficulties for her father (George Edwin Brown, who worked for the Chicago, Burlington & Quincy Railroad).

I deeply regret that now I can only speculate about my parents’ concerns and fears during the Spanish flu pandemic and about my father’s concerns and fears about joining the Army and going to Europe to fight in World War I.

I, therefore, urge younger people to figure out what major national and international events occurred in their parents’ lifetimes and engage them in conversation of how they were affected by these larger events. Similarly those of us who are older should talk or write about such experiences for our descendants.

=====================================

[1] This blogger has decided to periodically post his reactions to living through this pandemic. Here are the earlier such posts to dwkcommentareis.com: Pandemic Journal (# 1): Kristof and Osterholm Analyses (Mar. 23, 2020); Pandemic Journal (# 2): Westminster Presbyterian Church Service (03/22/20), (Mar. 24, 2020).

[2] Spanish flu, Wikipedia; Spanish flu, LiveScience (Mar. 12, 2020); Jester, Uyeki & Jernigan, Readiness for Responding to a Severe Pandemic 100 Years After 1918, Am. Journal of Epidemiology  (Aug. 9, 2018); The Deadly Virus: The Influenzas Epidemic of 1918, Nat’l Archives; Searcy, The Lessons of the Elections of 1918, N.Y. Times (Mar. 22, 2020).

[3] Iowa Dep’t Public Health, The 1918 Flu 100 Years Later (April 2018); Schmidt, Lessons for Iowa from the Spanish Flu pandemic of 1918, The Gazette (Mar. 17, 2020)

4] World War I, Wipipedia.

5] Camp Dodge, Wikipedia; Camp Dodge-Photograph Album-World War I Army Containment 1917 , Wikipedia.

[6]  Growing Up in a Small Iowa Town, dekcommentaries.com (Aug. 23, 2011);  American Legion (Dep’t of Iowa), Boys State of Iowa .

 

Pope Francis Approves Beatification of Padre Rutilio Grande

On February 21, Pope Francis approved the beatification of Padre Rutilio Grande, a Salvadoran Jesuit priest who was murdered on March 12, 1977, by a Salvadoran death squad for his advocacy for people who were persecuted by the country’s military and death squads.[1]

His ministry and slaying inspired then Archbishop Oscar Romero (now Saint Romero) to become an  outspoken critic of the country’s military and advocate for El Salvador’s oppressed.[2]

Pope Francis has long expressed his intense admiration for both Grande and Romero. At the entrance to his room at the Vatican hotel where the Pope lives is a piece of cloth with Romero’s blood on it and notes from a catechism teaching Grande delivered. Last year during a visit to Panama, the Pope said,“I was a devotee of Rutilio even before coming to know Romero better. When I was [a priest] in Argentina, his life influenced me, his death touched me. He said what he had to say, but it was his testimony, his martyrdom, that eventually moved Romero. This was the grace.”

The official Vatican News stated the news of this beatification as follows:

  • “The Pope also recognized the martyrdom of the Servants of God Rutilio Grande García, a Jesuit priest, and his 2 lay companions, who were killed in hatred of the faith in El Salvador on March 12, 1977.”
  • “Murdered before the start of the Salvadoran civil war, Father Grande, who was a close friend of fellow Salvadoran and martyr, Saint Oscar Romero, became an icon for human rights in rural Latin America.”
  • “Known for his vigorous defence of poor, the Jesuit priest, an elderly man and a teenager were shot by a right-wing death squad as they were travelling in a car outside the village where he was born.”
  • “The horror that the assassination of Fr. Grande generated led Archbishop Oscar Romero of San Salvador to take up the Jesuit’s mantle as a defender of the poor.  Three years later, Romero would succumb to the assassins’ bullets for his outspoken criticism of the military and work on behalf of El Salvador’s oppressed.”
  • “The decree on the martyrdom of Fr. Grande and his two companions does away with the need for a miracle through their intercession to qualify for beatification, the final step before sainthood, for which a miracle would be required.  The beatification date will be declared at a later date.”

In March 2003, this blogger was in El Salvador and attended a memorial mass for Father Grande at the church in the village of El Paisnal, where he had served as the parish priest, and stopped to pay my respects at Grande’s memorial on the road to the village where he had been murdered.[3]

=============================

[1] Gomes, Indian martyr, Devasahayam, cleared for sainthood, Vatican News  (Feb. 22, 2020); Reuters, Pope Moves Slain Salvadoran Priest, Icon for Poor, Closer to Sainthood, N.Y. Times (Feb. 22, 2020); Assoc. Press, Pope Oks Beatification for Rutilio Grande, Salvadoran Martyr, N.Y. Times (Feb. 22, 2020).

[2] See posts listed in the “ Oscar Romero” section of List of Posts to dwkcommentaries—Topical: El Salvador.

[3] See Remembering Oscar Romero in Film, dwkcommentaries.com (Oct. 15, 2011) (includes photos of the sanctuary during the memorial mass and of the Grande memorial).